Injury Prevention, Rehabilitation, and Compensation Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the Injury Prevention, Rehabilitation, and Compensation Act 2001.
Section Sch1-1 — Corporation's liability to pay or contribute to cost of treatment
1 Corporation's liability to pay or contribute to cost of treatment (1) The Corporation is liable to pay or contribute to the cost of the claimant's treatment for personal injury for which the…
Section Sch1-10 — Corporation and claimant may agree to modify plan
10 Corporation and claimant may agree to modify plan The claimant and the Corporation may agree to modify the plan from time to time, and clauses 7 to 9 apply to the process of modification and to…
Section Sch1-11 — When Corporation is liable to pay or contribute to cost of ancillary services related to rehabilitation
11 When Corporation is liable to pay or contribute to cost of ancillary services related to rehabilitation (1) The Corporation is liable to pay or contribute to the cost of any service reasonably…
Section Sch1-12 — Definitions
12 Definitions In clauses 13 to 23 ,— aid or appliance means any item likely to assist in restoring a claimant to independence attendant care — (a) means— (i) personal care; and (ii) assistance with…
Section Sch1-13 — Aids and appliances
13 Aids and appliances (1) In deciding whether to provide or contribute to the cost of an aid or appliance, the Corporation must have regard to— (a) any rehabilitation outcome that would be achieved…
Section Sch1-14 — Attendant care
14 Attendant care In deciding whether to provide or contribute to the cost of attendant care, the Corporation must have regard to— (a) any rehabilitation outcome that would be achieved by providing…
Section Sch1-15 — Child care
15 Child care (1) In deciding whether to provide or contribute to the cost of child care, the Corporation must have regard to— (a) any rehabilitation outcome that would be achieved by providing it;…
Section Sch1-16 — Education support
16 Education support (1) In deciding whether to pay or contribute towards the cost of education support, the Corporation must have regard to— (a) any rehabilitation outcome that would be achieved by…
Section Sch1-17 — Home help
17 Home help (1) In deciding whether to provide or contribute to the cost of home help, the Corporation must have regard to— (a) any rehabilitation outcome that would be achieved by providing it; and…
Section Sch1-18 — Modifications to home: matters to which Corporation must have regard
18 Modifications to home: matters to which Corporation must have regard (1) In deciding whether to provide or contribute to the cost of modifications to the home, the Corporation must have regard to—…
Section Sch1-19 — Modifications to home: rights and responsibilities
19 Modifications to home: rights and responsibilities (1) The Corporation is responsible for— (a) making a preliminary assessment as to whether the proposed modifications serve the purpose in section…
Section Sch1-2 — When Corporation is liable to pay cost of treatment
2 When Corporation is liable to pay cost of treatment (1) The Corporation is liable to pay the cost of the claimant's treatment if the treatment is for the purpose of restoring the claimant's health…
Section Sch1-20 — Training for independence
20 Training for independence In deciding whether to provide or contribute to the cost of training for independence, the Corporation must have regard to— (a) any rehabilitation outcome that would be…
Section Sch1-21 — Transport for independence: matters to which Corporation must have regard
21 Transport for independence: matters to which Corporation must have regard (1) In deciding whether to provide or contribute to the cost of transport for independence, the Corporation must have…
Section Sch1-22 — Transport for independence: rights and responsibilities
22 Transport for independence: rights and responsibilities (1) The Corporation is not required to purchase, or contribute to the purchase of, a motor vehicle if the claimant, or a person proposing to…
Section Sch1-23 — Corporation not liable to ensure claimant pays rehabilitation provider
23 Corporation not liable to ensure claimant pays rehabilitation provider The Corporation is not liable— (a) to ensure that the claimant pays any rehabilitation provider that delivers a social…
Section Sch1-24 — Occupational assessor
24 Occupational assessor An occupational assessment must be undertaken by an assessor whom the Corporation considers has the appropriate qualifications and experience to do the assessment required in…
Section Sch1-25 — Conduct of occupational assessment
25 Conduct of occupational assessment (1) An occupational assessor undertaking an occupational assessment as part of an assessment of a claimant's vocational independence under section 108 must— (a)…
Section Sch1-26 — Report on occupational assessment
26 Report on occupational assessment (1) The occupational assessor must prepare and provide to the Corporation a report on the occupational assessment specifying— (a) the claimant's work experience;…
Section Sch1-27 — Medical assessor
27 Medical assessor (1) A medical assessment must be undertaken by a medical practitioner who is described in subclause (2) or subclause (3) . (2) A medical practitioner who provides general medical…
Section Sch1-28 — Conduct of medical assessment
28 Conduct of medical assessment (1) A medical assessor undertaking a medical assessment as part of an assessment of a claimant's vocational independence under section 108 must take into account— (a)…
Section Sch1-29 — Report on medical assessment
29 Report on medical assessment (1) The medical assessor must prepare and provide to the Corporation a report on the medical assessment specifying— (a) relevant details about the claimant, including…
Section Sch1-3 — When Corporation is liable to pay or contribute to cost of ancillary services related to treatment
3 When Corporation is liable to pay or contribute to cost of ancillary services related to treatment (1) The Corporation is liable to pay or contribute to the cost of any service if the service…
Section Sch1-30 — Meaning of relevant year
30 Meaning of relevant year (1) In this Part, relevant year means the most recent tax year (as defined in section YA 1 of the Income Tax Act 2007) last ended before the commencement of the period of…
Section Sch1-31 — Use of income tax returns in determining earnings
31 Use of income tax returns in determining earnings If the Corporation is determining earnings under this Part in relation to a self-employed person or a shareholder-employee, it must take an income…
Section Sch1-32 — Corporation to pay weekly compensation for loss of earnings to claimant who was earner
32 Corporation to pay weekly compensation for loss of earnings to claimant who was earner (1) The Corporation is liable to pay weekly compensation for loss of earnings to a claimant who— (a) has an…
Section Sch1-33 — Weekly earnings if earner had earnings as employee immediately before incapacity commenced: application of clause 34
33 Weekly earnings if earner had earnings as employee immediately before incapacity commenced: application of clause 34 (1) Clause 34 applies to a claimant who— (a) was an earner immediately before…
Section Sch1-34 — Weekly earnings if earner had earnings as an employee immediately before incapacity commenced: calculations
34 Weekly earnings if earner had earnings as an employee immediately before incapacity commenced: calculations (1) This subclause applies to each of the 4 weeks after the first week of incapacity.…
Section Sch1-35 — Weekly earnings if earner had earnings as an employee not in permanent employment immediately before incapacity commenced: application of clause 36
35 Weekly earnings if earner had earnings as an employee not in permanent employment immediately before incapacity commenced: application of clause 36 [Repealed] Schedule 1 clause 35: repealed, on 1…
Section Sch1-36 — Weekly earnings if earner had earnings as an employee not in permanent employment immediately before incapacity commenced: calculations
36 Weekly earnings if earner had earnings as an employee not in permanent employment immediately before incapacity commenced: calculations [Repealed] Schedule 1 clause 36: repealed, on 1 August 2008,…
Section Sch1-37 — Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: application of clause 38
37 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: application of clause 38 (1) Clause 38 applies to a claimant who had earnings as a…
Section Sch1-38 — Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: calculations
38 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: calculations (1) The weekly earnings of an earner who had earnings as a self-employed person…
Section Sch1-39 — Weekly earnings if claimant had earnings as shareholder-employee immediately before incapacity commenced
39 Weekly earnings if claimant had earnings as shareholder-employee immediately before incapacity commenced (1) The weekly earnings of a claimant who had earnings as a shareholder-employee…
Section Sch1-4 — Corporation's prior agreement to treatment required, except in certain cases
4 Corporation's prior agreement to treatment required, except in certain cases (1) The Corporation is not required to pay the costs of a claimant's treatment unless the Corporation has given its…
Section Sch1-40 — Weekly earnings if claimant as shareholder-employee had earnings as self-employed person in relevant year
40 Weekly earnings if claimant as shareholder-employee had earnings as self-employed person in relevant year (1) This clause applies if the claimant— (a) had earnings as a shareholder-employee…
Section Sch1-41 — Calculations for multiple employment situations
41 Calculations for multiple employment situations (1) Claimants to whom clause 38 applies, and to whom clauses 33 and 34 apply because they have earnings as an employee at the time their incapacity…
Section Sch1-42 — Weekly earnings of earners in full-time employment: increase in certain circumstances
42 Weekly earnings of earners in full-time employment: increase in certain circumstances (1) This clause applies to a claimant who— (a) was, immediately before his or her incapacity commenced,— (i)…
Section Sch1-43 — Weekly earnings if employment ended before commencement of incapacity
43 Weekly earnings if employment ended before commencement of incapacity (1) Subclause (2) applies to a claimant who, before his or her incapacity commenced, has ceased to be in employment. (2) The…
Section Sch1-44 — Weekly earnings if employee on unpaid parental leave immediately before his or her incapacity commenced
44 Weekly earnings if employee on unpaid parental leave immediately before his or her incapacity commenced (1) This clause applies to a claimant who is an employee on unpaid parental leave…
Section Sch1-45 — Interim estimation of weekly earnings that cannot be ascertained
45 Interim estimation of weekly earnings that cannot be ascertained (1) This clause applies to a claimant who, immediately before his or her incapacity commenced,— (a) had earnings as a self-employed…
Section Sch1-46 — Maximum weekly compensation for loss of earnings
46 Maximum weekly compensation for loss of earnings (1) The maximum amount of weekly compensation for loss of earnings that the Corporation is liable to pay to a claimant is $1,341.31 a week,…
Section Sch1-47 — Corporation to pay weekly compensation for loss of potential earnings capacity
47 Corporation to pay weekly compensation for loss of potential earnings capacity (1) The Corporation is liable to pay weekly compensation for loss of potential earning capacity to a claimant who—…
Section Sch1-48 — Effect of further injury on entitlement to weekly compensation
48 Effect of further injury on entitlement to weekly compensation (1) This clause applies to a claimant who— (a) is already entitled to receive weekly compensation; and (b) suffers incapacity from a…
Section Sch1-49 — Earnings definitions for purposes of clause 51
49 Earnings definitions for purposes of clause 51 (1) [Repealed] (2) [Repealed] (3) In clause 51(2) , earnings does not include any payment made on the termination of employment in respect of leave…
Section Sch1-5 — Corporation may require claimant to supply information about treatment
5 Corporation may require claimant to supply information about treatment (1) This clause applies to a claimant— (a) who seeks the Corporation's prior agreement to treatment under clause 4(1) : (b)…
Section Sch1-6 — When Corporation must not decline to pay cost of treatment
6 When Corporation must not decline to pay cost of treatment (1) The Corporation must not decline to pay the cost of a claimant's treatment because— (a) the claimant has not paid or refuses to pay…
Section Sch1-7 — Preparation of individual rehabilitation plan
7 Preparation of individual rehabilitation plan (1) The Corporation must provide information to the claimant about— (a) the rehabilitation to which the claimant may be entitled; and (b) the plan…
Section Sch1-8 — Agreement to plan
8 Agreement to plan (1) The Corporation must then ask the claimant to agree to the plan prepared for the claimant under clause 7 . (2) If, after a reasonable time, the claimant declines to agree to…
Section Sch1-9 — Disputes about plan
9 Disputes about plan (1) For the purposes of Part 5 of this Act, the Corporation makes a decision when— (a) the claimant agrees to a plan; or (b) the Corporation advises the claimant that a plan has…